Item - 2024.EX18.7

City Council on November 13 and 14, 2024, adopted the following:

1. City Council amend City of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, generally as outlined in Attachment 1 to the report (October 22, 2024) from the General Manager, Transportation Services and the General Manager, Economic Development and Culture, as amended by Parts 2 to 6 below.

2. City Council amend the proposed amendments to Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays as set out in Attachment 1 to the report (October 22, 2024) from the General Manager, Transportation Services and the General Manager, Economic Development and Culture by deleting Part 1:

Part to be deleted:

1. Amend the definition for “Flankage Café” in section 742-1.1 by deleting the phrase “and is located on a local road that is adjacent to a corner business unit.” and replacing it with the phrase “and is located adjacent to a corner business unit on either a local road or collector road.”

3. City Council amend Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays by deleting the definition of "Flankage Café"

4. City Council amend the proposed amendments to Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays as set out in Attachment 1 to the report (October 22, 2024) from the General Manager, Transportation Services and the General Manager, Economic Development and Culture by deleting Part 4:

Part to be deleted:

4. Amend section 742-2.3 as follow: 

a. Replace the title ‘Notice, permit areas on local roads’ with ‘Notice, permit 
areas on local roads or collector roads’.

b. Amend section 742-2.3 A (5) by replacing ’60-metre radius’ with ’30-metre 
radius’.

5. City Council amend section 742-2.3 of Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays so that it reads as follows:

Section 742-2.3. Notice, permit areas on "residential flankages". 

A. upon receipt of a complete application for a permit area to be located on a residential flankage, the Executive Director or General Manager will notify the following people or entities: 

1. the Applicant; 

2. the local Ward Councillor; 

3. the local Business Improvement Area, if any; 

4. any resident associations registered with the City Clerk that includes the proposed café location within its area of representation; and 

5. all property owners and occupants on the primarily residential street where the permit area is located within 30 metres of the proposed café location.

B. all applicants for a permit area to be located on a residential flankage must display a notice of the application in a form, size and location satisfactory to the Executive Director on the associated establishment for no less than 21 days commencing on a date specified by the Executive Director.

6. City Council amend section 742-3.2A(2) of Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays so that it reads as follows:

Section 742-3.2. Refusal.

A. The Executive Director or General Manager shall refuse an application for a sidewalk café, public parklet, and/or marketing display if:

(2) in the case of an application for a permit area on a residential flankage, the City receives multiple objections to the application from members of the public during the 21-day period of public notice.

7. City Council amend City of Toronto Municipal Code Chapter 441, Fees and Charges, Appendix C, Schedule 2, and Schedule 12, by removing the application fee for public parklets, and amending the permit fees for curb lane cafés and transfer fees for sidewalk cafés in accordance with Attachment 3 to the report (October 22, 2024) from the General Manager, Transportation Services and the General Manager, Economic Development and Culture.

8. City Council amend City of Toronto Municipal Code Chapter 937, Temporary Closing of Highways, as outlined in Attachment 4 to the report (October 22, 2024) from the General Manager, Transportation Services and the General Manager, Economic Development and Culture.

9. City Council amend City of Toronto Municipal Code Chapter 27, Council Procedures, as outlined in Attachment 2 to the report (October 22, 2024) from the General Manager, Transportation Services and the General Manager, Economic Development and Culture.

10. City Council authorize the City Solicitor to introduce the necessary Bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or By-law amendments as may be identified by the City Solicitor, in consultation with the General Manager, Transportation Services and the General Manager, Economic Development and Culture in order to give effect to Parts 1 to 9 above.

11. City Council direct the General Manager, Transportation Services and the General Manager, Economic Development and Culture to continue to pilot the expanded use of public parklets for the 2025 CaféTO season, with such guidelines conforming to all requirements in Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, and considering the following as permitted uses in addition to public space:

a. promotion of Business Improvement Area member businesses; and

b. display of and sale of non-food products.

12. City Council direct the General Manager, Transportation Services and the General Manager, Economic Development and Culture to report back on the feasibility of the expanded use of Marketing Displays on curb lanes.

13. City Council direct that the amendment to City of Toronto Municipal Code Chapter 441, Fees and Charges, in Part 7 above, retroactively be deemed to have come into effect on of January 1, 2024.

14. City Council direct the General Manager, Transportation Services to include necessary resources, including the 15 positions required for sustaining the CaféTO program, for consideration as part of the 2025 Operating Budget submission for Transportation Services.

15. City Council request the Deputy City Manager, Infrastructure Services, in consultation with the General Manager, Transportation Services and the General Manager, Economic Development and Culture to explore new supports and opportunities on City Property and Private Strip Mall Plazas for restaurants in those areas of the city where there is currently a low concentration of outdoor patios including CafeTO patios with a report back to the appropriate committee by the end of the second quarter of 2025.